Foundations of Economic Analysis of Law

ISBN-10: 0674011554

ISBN-13: 9780674011557

Edition: 2004

Authors: Steven Shavell

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Description:

What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law. In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.
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Book details

List price: $103.00
Copyright year: 2004
Publisher: Harvard University Press
Publication date: 3/15/2004
Binding: Hardcover
Pages: 608
Size: 6.75" wide x 9.50" long x 1.25" tall
Weight: 3.036
Language: English

Preface
Introduction
Property Law
Definition, Justification, and Emergence of Property Rights
Division of Property Rights
Acquisition and Transfer of Property
Conflict and Cooperation in the Use of Property: The Problem of Externalities
Public Property
Property Rights in Information
Accident Law
Liability and Deterrence: Basic Theory
Liability and Deterrence: Firms
Extensions of the Analysis of Deterrence
Liability, Risk-Bearing, and Insurance
Liability and Administrative Costs
Contract Law
Overview of Contracts
Contract Formation
Production Contracts
Other Types of Contract
Litigation and the Legal Process
Basic Theory of Litigation
Extensions of the Basic Theory
General Topics on the Legal Process
Public Law Enforcement and Criminal Law
Deterrence with Monetary Sanctions
Deterrence with Nonmonetary Sanctions
Extensions of the Theory of Deterrence
Incapacitation, Rehabilitation, and Retribution
Criminal Law
General Structure of the Law
The General Structure of the Law and Its Optimality
Welfare Economics, Morality, and the Law
Welfare Economics and Morality
Implications for the Analysis of Law
Income Distributional Equity and the Law
Concluding Observations
References
Author Index
Subject Index
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